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GOVERNOR HAD THE AUTHORITY TO CANCEL THE SPECIAL ELECTION FOR QUEENS BOROUGH PRESIDENT IN RESPONSE TO THE COVID-19 PANDEMIC (SECOND DEPT).

The Second Department, converting the Article 78 proceeding to a declaratory judgment action, determined the Executive Order canceling the June, 2020, special election for Queens Borough President was a valid exercise of the Governor’s authority in response to the COVID-19 pandemic:

… [T]he Governor demonstrated, prima facie, that the canceling of the special election, which would have been held pursuant to New York City Charter § 81, was the minimum deviation necessary to assist or aid in coping with the COVID-19 pandemic, and was authorized pursuant to the emergency powers granted to the Governor by Executive Law § 29-a(1). Additionally, to the extent that New York City Charter § 81 required the special election to be held, pursuant to the language of Executive Order (Cuomo) No. 202.3 (9 NYCRR 8.202.3), those provisions of the New York City Charter have been suspended … . Matter of Dao Yin v Cuomo, 2020 NY Slip Op 03046, Second Dept 5-28-20

 

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